What defines an "aggravating factor" in a Texas criminal offense?

An "aggravating factor" in a Texas criminal offense refers to circumstances that elevate the severity or culpability of a crime. These factors can lead to harsher penalties or sentences for the offender. For example, the presence of certain situations, such as a crime being committed with a weapon, against a vulnerable victim, or as part of a pattern of behavior, can justify a more severe punishment because they demonstrate a greater level of intent, harm, or disregard for the law.

In contrast, a factor that decreases the severity of a crime would be considered a mitigating factor—not an aggravating one—because it suggests a lesser degree of culpability. An additional charge complicating a case may refer to a separate legal consideration but does not inherently change the severity of the original offense. Lastly, a legal argument during sentencing pertains to the process of determining a sentence rather than the characteristics of the crime itself. Thus, the defining aspect of an aggravating factor is that it adds to the seriousness of a crime, justifying a more severe legal response.